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HomeMy WebLinkAbout2014-195s:\legal\our documents\ordinances\14\nunc pro tune ordinance accepting omitted meritt non annexation agreement-paa3 -al redline.docx AN ORDINANCE OF THE CITY OF DENTON, NUNC PRO TUNC, CORRECTING AN INADVERTENT MISTAKE IN ORDINANCE NO. 2010-042, RELATING TO THE ACCEPTANCE OF ELIGIBLE NON -ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA3, LOCATED ON THE SOUTH SIDE OF GANZER ROAD, NORTH AND SOUTH OF BARTHOLD ROAD, NORTH OF FM 1173, WEST OF I-35, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBITS "A' AND `B' ATTACHED HERETO; SPECIFICALLY BY INCLUDING TWO PARCELS OF LAND THAT WERE INADVERTENTLY EXCLUDED FROM ORDINANCE NO. 2010-042 EVEN THOUGH THE PARCELS WERE SUBJECT TO A SIGNED NON -ANNEXATION AGREEMENT; PROVIDING FOR SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 9, 2010, the City Council adopted Ordinance No. 2010-042, which ordinance accepted non -annexation agreements signed by eligible property owners within an area of approximately 1,076 acres of land generally identified as`?AA3; as legally described and depicted in the attached Exhibits "A' and `B'to Ordinance No. 2010-042 and attached herein, that was separately annexed into the City of Denton, Texas via Ordinance No. 2010-119 on May 4, 2010; and WHEREAS, per Section 43.035, Subchapter B, Local Government Code, a Texas city is required to make offers of non -annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under a non -annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the Cites development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the City has recently discovered that two otherwise eligible parcels, as legally described in Exhibit "C-10' as attached herein, were omitted from approval of non - annexation agreements by Ordinance No. 2010-042, due to an inadvertent clerical error; and WHEREAS, the property owners had provided to the City a signed copy of the non - annexation agreement covering the two eligible parcels that were not included for adoption with Ordinance No. 2010-042; and WHEREAS, in the interest of fairness, and for the purpose of carrying out the original intent of Ordinances Nos. 2010-042 and 2010-119, the City and the affected owners wish to correct that inadvertent clerical error via this ordinance, nunc pro tune, by approving a non - annexation agreement for these eligible parcels, to commence immediately and to expire on the same date as the rest of the non -annexation agreements approved by Ordinance No. 2010-043, and to thereafter correct annexation Ordinance 2010-119 via separate ordinance, nunc pro tune, to remove these omitted eligible parcels from the City limits and tax rolls, and to reimburse the s:\legal\our documents\ordinances\14\nunc pro tunc ordinance accepting omitted meritt non annexation agreement-paa3 -al redline.docx property owners for the City portion of ad valorem taxes paid as a result of being annexed via Ordinance No. 2010-119; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non -annexation agreements with eligible property owners who timely submitted non -annexation agreements and have now corrected any legal defects therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. A certain area of land was previously denominated in Ordinance No. 2010- 042 as `PAA3 , which was legally described and depicted in attached Exhibits "A' and `B' to that ordinance, and incorporated therein by reference. For the purposes of this Ordinance, the term `PAA3' shall have the same meaning, and such prior legal description and depiction are incorporated herein by reference. SECTION 3. A certain offered non -annexation agreement relating to eligible properties contained within the previously defined PAA3 area, which has been properly executed by the owners of those properties, and which legally described by prior recorded instruments referenced therein, is hereby approved and accepted by the City of Denton, Texas. Said agreement is attached hereto and incorporated to Ordinance No. 2010-042 as Exhibit"C-10'. SECTION 4. The City Manager is authorized and directed to sign the non -annexation agreement contained within Exhibit "C-10; for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Councirs action on same. The City Manager shall further arrange forthwith for the recordation of non -annexation agreements in the real property records of Denton County, Texas. SECTION 5. The City Manager shall ensure that the two parcels described in Exhibit"C- 10' are removed from the City tax rolls and is further directed to undertake the necessary steps to reimburse the property owners the City portion of ad valorem taxes paid for the two parcels for the tax years subsequent to the adoption of Ordinance No. 2010-119. SECTION 6. All other provisions of Ordinance No. 2010-042 not specifically amended herein shall continue in force and effect; however, the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 2010-042, to the extent of any such conflict. SECTION 7. This Ordinance shall take effect immediately on its passage and approval. Page 2 s:\legal\our documents\ordinances\14\nunc pro tunc ordinance accepting omitted meritt non annexation agreement-paa3 —al redline.docx AND IT IS SO ORDERED. PASSED AND APPROVED by the City Council reading this a .? day of 2014. CHRI,�'4A'fvrs, MAY R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:+ A'PP E � A �" TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ' Page 3 s:\Iegal\our documents\ordinances\14\nunc pro tune ordinance accepting omitted meritt non annexation agreement-paa3 —al redline.docx W."s -1 101 Annexation Tract PAA3 (Page I of 3) comer of an annexatiort tract established and described in Ordinance 1985-246 and further described therein as being on the centerline of F.M, 1173; THENCE North 871 571 East, along the center line of RM. 1173 and along the present Denton city limit line as establisbed in said Ordinance 1985-246 a distance of 3 Ms fe to a point for comer; THENCE North 89* 39* East, along the center line of F.M. 1173 and along the present Denton city limit line as established in said Ordinanoo 1985-246 a distance of 2,153,5 feet to a point for corner, said point also lying 500 feet wes( of and perpendicular to the center line of Interstate Highway 35, said point also being on the westerly line of a City of Denton annexation tract established and described in Ordinance 1969-40 (17ract VI); therein); THENCE South $90 19" 54" West along the South right-of-way line of F.M1173, sam being the north line of said City of Denton annexation tract established, described and depicted In Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein), a distance of 1,80 reet to a point for a comer; THENCE South 880 071 35" West along the south right-of-way line of F.M, 1173, sam being the north line of said City of Dentort annexation tract established and described I Ordinance 2007-269 (Exhibit A therein), a digtanca of 99.81 feet to a point for a corner-, THENCE North 88" 37' 44" West along the south Tight -of -way line of RA 1173, Sam being the north line of said City of Denton annexation tract established and described in THENCE North 84* 33' 28" West along the south right-of-way line of F.M. 1173, Sam being the north line of said City of Denton annexation tract established and described in Whk*Mw-a;hv),-a4 . - - I'll 15F '. will] r a co THENCE North 870 39' 59" West along the south right -of -way -line of F.M. 1173, Sam being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 1,634,99 feet to a point for a corner, said point lying on the easterly tight -of -way line of the Kansas City Southern s:\legal\our documents\ordinances\14\nunc pro tunc ordinance accepting omitted meritt non annexation agreement-paa3 —al redline.docx Annexation Tratt PAM (Page 22 of 3 cornerRailway (formerly Gulf, Colorado and Sante Fe Railroad Company), said point also being the northwest + annexation THENCE northwesterly, *epart'Hig the exisfing Denton city limits and along the: courses w a a total distance 9,591 feet to a point for corner;said point railroad right-of-way line and the south right of way line of Ganzer West Road; THENCE in an easterlydirection, along the courses and distances of the southerly implied right-of-way line of Ganzer West Road a total distance of 8, 182 feet to a point for a corner, said point lying on the present Denton city limit line established and described by annexation alongTHENCE South 01* 58* East the present Denton city limit line established and described by annexation Ordinance 1987-14 1, a distance of 922 feet to a point forcomer, said point being the southwest FsaidOrdinance3annexation —dsF F ! • ♦' i - in Ordinance + F I THENCE North ' Denton West along the present line established.. comer,described by annexation Ordinance 1969-40 (Tract VI) a distance of 250 feet to a point for pointof the said center line if Interstate Highway 35 comerand being the northwest fannexation Ordinance •4 Highway 35 and along the present Denton city limit line established and described by annexation Ordinance. 1969-40 (Tract VI) a distance of 6,087 feet to a point for comer, said point lying 500 feet west of the said center line of Interstate Highway 35 and being the northeast comer of said annexation tract established and desotibed in Ordinance THENCE North ' "'9' West along the present Denton city limit line established and described by Ordinance #r ► s a point for THENCE South a F' 40" West along the present Denton city limit line established and describedby i s of F a point o THENCE North 891 281 West along the present Denton city limit line established and described by annexation Or• s distance F f 1,034.21 feet to a point for s:\Iegal\our documents\ordinances\14\nunc pro tune ordinance accepting omitted meritt non annexation agreement-paa3 —al redline.docx THENCE South 00" 25'30"Westalong the present Dcnton city limit line established and describcd by annexation0vii-nance 1985-246 a distance of 1,271.72 feet to ape t for corner, 1M s:\Iegal\our documents\ordinances\14\nunc pro tune ordinance accepting omitted meritt non annexation agreement-paa.3 —al redline.docx City of Denton, Texas PAPA3 - 1,085 Acres N i Li Li I Feet 0 500 1,000 2,000 3,000 Exhibit C-10 CHAPTER . !, GOVERNMENT 1 19 NON-ANNEXATION1 This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and 12 ,4 r Owners"), the property owners of the hereinafter described property (the Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parti That property described in a deed ' _ wlch �s recorded at 4�v1 -page- of the Deed Records of 1nton County, Texas, and 'J� cl pwhich is attached commonly known as Tax Parcel No. �i �.�___, hereto as Exhibit A, consisting of approximately _ acres of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns -� for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land -in the -municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regglations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441— 457; and In. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, _ as amended, _ and -as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. C Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part, Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43,052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas-- -_- - - ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 2 Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Comes. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Term"). The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be r-� necessary for the implementation of those sections. The Parties hereto have executed this agreement as off, Owners r THE STATE OF TEXAS COUNTY OF DENTON 5 THE CITY OF DENTON, TEXAS By r City manager, Deputy City Manager, or Designated Representative This instrument was acknowledged before me on the day of 2QL0, by .`� AWAY LAWSON r No Public, State of Texas y` My commission Expires " October 212 " � pNotary Public, S to of Texas This instrument was acknowledged before me on the I- day of f £ SAPPY LA SON m NotM Public, State of Texas My Commission Expires October 07, 212 Notary Public, State of Texas "nag s It siren ent was ackno dged before me on the day of , 0 by mfi �ehalf : City e utv City Manager/Designated resen ative, on ' the City of Denton, Texas. .gc✓oys Expires be b APPROVED -AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: . . *tary tare off -Texas DGT-07-064-J EXHIBff"" ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE JOHN 'PEARSON SURVEY, ABSTRACT NO. 1049, AND THE S.L. JOHNSON SURVEY, ABSTRACT 683, DENTON COUNTY, TEXAS, BEING PART OF A (CALLED) 381.9612 ACRE FIRST TRACT DESCRIBED IN A DEED TO R.O. MCDONNELL, ET UX, RECORDED IN VOLUME 2846, PAGE 233, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SOUTH OF • 1 l I • .ft • r OKOLM A TRACT DESCRIBED IN A DEED TO RANCHO VISTA DEVELOPMENT CO., RECORDED •R• VOLUME , PAGE 465, REAL PROPERTY RECORDS, DENTON COUNTY, THENCE SOUTH 00 DEGREES 14 MINUTES 55 SECONDS WEST, WITH A EAST LINE OF SAID FIRST TRACT AND THE WEST LINE OF SAID RANCHO VISTA DEVELOPMENT CO. TRACT, A DISTANCE OF 3151.42 FEET TO AN IRON PIN FOUND AT AN INNER ELL CORNER OF SAID FIRST TRACT, SAID PIN ALSO BEING THE SOUTHWEST CORNER OF SAID RANCHO VISTA DEVELOPMENT CO. TRACT; SOUTHTHENCE , DEGREES • 1' WEST, A DISTANCE OF . 7.5 FFEET TO AN IRON PIN FOUND AT THE SOUTHEAST CORNER OF A TRAC DESCRIBED IN A DEED TO HARRY RINEY ENTERPRISES, RECORDED VOLUME1► PAGE 787, DEED RECORDS,DENTON.-COUNTY, THENCE NORTH 00 DEGREES 17 MINUTES 55 SECONDS EAST, WITH A WEST LINE OF SAID FIRST TRACT AND THE EAST LINE OF SAID HARRY RINEY ENTERPRISES TRACT, A DISTANCE OF 3161.74 FEET AN IRON PIN FOUND AT THE NORTHWEST CORNER OF SAID FIRST TRACT, SAID PIN ALSO BEING THE NORTHEAST CORNER OF SAID HARRY RINEY ENTERPRISES TRACT; f ill ., • 1 •, • • •; (continued) NJ I zt%lrAwi R-kon I I 1lt4Nuoq mm . •4 I Iwo IL DESCRIBED TRACT; 200-00 FEET TO A air-rhu L, HEREIN DESCRIBED TRACT; 11: 1:324 Lei 3 U0l�llj 91 :cc IM kf) I I c I I IV Wffi vim Ll Ike i IZ I PSAyli-taw-impli N I• lootej THENCE IN A GENERAL NORTHERLY DIRECTION ALONG THE WESTERN SIDE OF SAID DRIVE THE FOLLOWING 18 COURSES AND DISTANCES; I. NORTH 09 DEGREES I I MINUTES 12 SECONDS EAST A DISTANCE OF 54.55 FEET; 2. NORTH 47 DEGREES 05 MINUTES 12 SECONDS EAST A DISTANCE OF 44.44 FEET; 3. NORTH 69. DEGREES 16 MINUTES 29 SECONDS EAST A DISTANCE OF 67.02 FEET; 4. NORTH 8 1 DEGREES 47 MINUTES 43 SECONDS EAST A DISTANCE OF 90.63 FEET" 5. NORTH 53 DEGREES 23 MINUTES 16 SECONDS EAST A DISTANCE OF 73.97 FEET, 6. NORTH 25 DEGREES 38 MINUTES 35 SECONDS EAST A DISTANCE OF 76.32 FMI 7. NORTH 06 DEGREES 49 MINUTES 22 SECONDS EAST A DISTANCE OF 127.86 FEET; I. NORTH 02 DEGREES 53 MR0 SECONDS EAST A DISTANCE OF 477.96 FEET; 9. NORTH 05 DEGREES 12 MINUTES 54 SECONDS EAST A DISTANCE OF 312.81 FEEt; 10. NORTH 03 DEGREES 48 MINUTES 00 SECONDS EAST A DISTANCE OF 193.37 FEET' 11. NOi4H 02 DEGREES 06 M114UTES 21 SECONDS EAST A DISTANCE OF 334.so FEET; JINORTH 07 DEGREES 48 MINUTES 39 SECONDS WEST A DISTANCE OF 96.19 FEET; 13. NORTH 33 DEGREES 24 MINUTES 00 SECONDS WEST A DISTANCE OF 75.06 DCT-07-8064-i 1 *14 1. 1 I. 13 j w PTA1WI1� 14. NORTH 62 DEGREES I I 15. NORTH 79 DEGREES 07 MINUTES 21 SECONDS WEST A DISTANCE OF 94-08 FEET; Y6. N*'&Yft%, ZZY1W FV.,& 17. NORTH 23 DEGREES 46 MINUTES 08 SECONDS WEST A DISTANCE OF 10 1.62 FEET; 18.-NORTH 02 DEGREES 08 MINUTES 59 SECONDS WEST A DISTANCE OF 97.34 FEET TO A CORNER IN THE NORTH LINE OF SAID 100.445 ACRES AND THE SOUTH LINE OF SAID ROAD; THEACE SO4,TA 8TDEUZ'fhalf��-j MTX=- I DISTANCE OF 20.02 FEET TO THE PLACE OF BEGINNING AND ENCLOSING 2.50 ACRES OF LAND MORE OR LESS. Ell�